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Terms and Conditions

These Terms and Conditions are the official terms of use for Podozi’s website at www.podozi.com (“Podozi’s Website”), at www.beautyxbox.com (“Beautyxbox’s Website”), at www.podozi.com/beautyxbox (BeautyXBox redirect to Podozi website) and on Podozi’s applications (including Podozi’s social media sites, such as Facebook and Twitter, Instagram, Pinterest, gplus, LinkedIn, Vine, and Youtube (collectively, the “Sites”). The content and services available on the Sites are provided to you by Podozi (“Podozi”, “us”, “our”, “we”) subject to the following terms and conditions.

Please also review our Privacy Policy and the other terms and policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions, and the other guidelines, policies and terms posted on the Sites.

Podozi reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Benefit or otherwise use the Sites. By using these Sites, you agree to be bound by the Terms and Conditions posted on the Sites at the time of your access.

Binding Contract

These Terms and Conditions form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.

Inaccuracy Disclaimer

From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Podozi reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The information contained on the Sites may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.

Proper Use of the Sites

You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Federal Republic of Nigeria trade laws and National Information Technology Development Agency Act, 2007. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

Third Party

Podozi may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Podozi does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Podozi and the Third Party Website, and Podozi does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Podozi is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.

Certain functionality on the Sites may permit interactions that you initiate between the Sites and a third party web site or service ("social features") if you choose to use social features, information you post or provide access to may be publicly displayed on the Sites or by the provider of the social feature that you use. Similarly, if you post information on a third party platform that references the site (e.g., by using a hashtag associated with Podozi in a tweet or status update), your post may be published on our Sites in accordance with the terms of the third party web site or service. Also, both Podozi and the third party may have access to certain information about you and your use of the site and the third party site or service. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "connections," or information about you is otherwise accessible through your "connection's" web page, profile page, or similar page on a social networking or other third party web site or interactive service. The information we collect in connection with social features is subject to Podozi’s Privacy Policy. The information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web site or service.

Disclaimer

PODOZI IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS"AND “AS-AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, PODOZI DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PODOZI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. PODOZI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Limitation of Liability

EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE REGARDING ANY PRODUCT PURCHASED ON THE SITES IS A REFUND OF THE PRICE PAID OR REPLACEMENT OF THE PRODUCT, AS MORE SPECIFICALLY DESCRIBED IN THE PURCHASE TERMS.

WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITES OR ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITES OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

Indemnity

You agree to defend, indemnify and hold harmless Podozi (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites; (b) your violation of any term of these Terms and Conditions; (c) a breach of these Terms and Conditions; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites.

Force Majeure

Notwithstanding anything to the contrary herein contained, Podozi shall not be liable or responsible for failure to perform or delay in performance of any of its obligations under this Agreement if such failure or delay is due to or attributable to any act of God, war, warlike conditions, hostilities, riots, civil commotion, or any other cause or circumstance of whatsoever nature beyond the reasonable control of Podozi. Such Force Majeure situation shall be notified to the other Party within 15 days from the occurrence of the same. If such situation continues for a period of 3 months the other party shall be entitled to terminate the Agreement on the expiry of the said period after duly intimating the same to the other Party;

Governing Law and Jurisdiction

These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of Federal Republic of Nigeria. The place of jurisdiction shall be exclusively Lagos State, Nigeria.

International Visitors

We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the Federal Republic of Nigeria, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Sites and reside outside the Federal Republic of Nigeria do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Podozi are responsible for compliance with applicable local laws.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Podozi reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Podozi may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Podozi takes these measures to protect Podozi's customers as well as Podozi from fraud or other unauthorized or illegal activity.

No Reseller Activity

The products and services available on the Sites, including any samples Podozi may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Podozi. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.

Comments, Feedback and Other Submissions

Podozi welcomes your comments and feedback regarding the Sites, products and services. Any information, materials, suggestions, ideas or comments sent to Podozi will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Podozi an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Podozi will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.